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2023 Supreme(Del) 2664

MANOJ KUMAR OHRI
NDMC – Appellant
Versus
Shree Construction Company – Respondent


Advocates appeared:
Ms.Kanika Agnihotri, ASC with Ms.Snehal Kaila, Advocate, for the Appellant.
Mr. Sunil Kumar Agarwal and Ms. Neelam Agarwal, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J.

CM. APPL.No.44531/2019 (delay in re-filing)

1. The present application has been filed under Section 151 CPC on behalf of the appellant seeking condonation of delay of ten days in re-filing the appeal.

2. For the reasons stated in the application, the same is allowed and the delay of ten days in re-filing the appeal is condoned.

3. The application stands disposed of.

FAO 406/2019 & CM. APPL. No. 44529/2019 (Stay)

4. By way of the present appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'the Act'), the appellant seeks to assail order dated 24.05.2019 passed by the learned ADJ-04, New Delhi in Arbitration Petition No.4245/2017, whereby appellant's objections filed under Section 34 of the Act to the arbitral Award dated 25.02.2017 were dismissed, solely on the ground that the same were barred by limitation.

5. Ms.Kanika Agnihotri, learned ASC for the appellant, submitted that the impugned Award was passed on 25.02.2017 but the same came to be signed on 26.02.2017, as is apparent from the concluding page of the Award. The copy of the Award was received in the office of the respondent on 28.02.2017 and by excluding

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